Title
Texas Files Lawsuit Over Biden’s Deportation Pause State attorney general says moratorium violates agreement signed with Trump administration on immigration policy changes
Case Number
6:21-cv-00003
State or Country
Texas
Judges
Judge Drew B. Tipton United States District Judge
Defendant
The UNITED STATES OF AMERICA; §
DAVID PEKOSKE, Acting Secretary of §
The United States Department of Homeland §
Security, in his official capacity; §
UNITED STATES DEPARTMENT OF §
HOMELAND SECURITY; TROY §
MILLER, Senior Official Performing the §
Duties of the Commissioner of U.S. Customs §
and Border Protection, in his official §
capacity; U.S. CUSTOMS AND BORDER §
PROTECTION; TAE JOHNSON, Acting §
Director of U.S. Immigration and §
Customs Enforcement, in his official §
capacity; U.S. IMMIGRATION AND §
CUSTOMS ENFORCEMENT; TRACY §
RENAUD, Senior Official Performing the §
Duties of the Director of the U.S. Citizenship §
And Immigration Services, in her official §
capacity; and U.S. CITIZENSHIP §
AND IMMIGRATION SERVICES,
Plaintiff Attorney
Texas Attorney General Ken Paxton
Document Links 1 (Scribd et. al)
https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2021/Press/TEXAS%20ORDER_.pdf
Judges Comments
ORDER GRANTING PLAINTIFF’S
EMERGENCY APPLICATION FOR A TEMPORARY RESTRAINING ORDER
The State of Texas requests a Temporary Restraining Order (“TRO”) to enjoin Defendants
from executing a 100-day pause on the removal of aliens already subject to a final Order of
Removal.1
The 100-day pause was set into motion through a recent Memorandum of the Department of Homeland Security on January 20, 2021 (the “January 20 Memorandum”). (Dkt.
No. 2-2). In relevant part, the January 20 Memorandum directs “an immediate pause on removals
of any noncitizen with a final order of removal . . . for 100 days.”2
(Dkt. No. 2-2 at 4–5). After
reviewing Texas’s Emergency Application, the arguments of Texas’s and Defendants’ counsel on
January 22, 2021, the Defendants’ Response filed on January 24, 2021, the brief of Amicus, the
record, and the applicable law, the Court finds that Texas has satisfied the requirements for a TRO.
Accordingly, Texas’s Emergency Application for a TRO is GRANTED. In so doing, the Court
makes clear that this Order is not based on the “Agreement Between Department of Homeland
Security and the State of Texas” attached as Exhibit “A” to Plaintiff’s Complaint. The issues
implicated by that Agreement are of such gravity and constitutional import that they require further
development of the record and briefing prior to addressing the merits. Rather, the Court finds that
a TRO maintaining the status quo as it existed prior to the implementation of the January 20
Memorandum’s 100-day pause is appropriate under the Administrative Procedures Act (the
“APA”). Accordingly, and pursuant to Rule 65 of the Federal Rules of Civil Procedure,
Defendants are enjoined from executing the 100-day pause on removals for 14 days for the reasons
and in the manner described below. Read More: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2021/Press/TEXAS%20ORDER_.pdf